Our Services

There are many clients being cared for in services throughout the country who are not entitled to Local Authority Statutory Advocacy Services.  We work with a range of service to provide an Independent Generic Service to bridge this gap and ensure clients have access to high quality advocacy when and where they need it most. 

Our Independent Generic Advocates will support clients with a wide range of issues including: 

• Expressing their views and wishes to others
• Attending meetings
• Explaining choices available
• Explaining information, including their rights
• Challenging  decisions that affect the client
• Standing up for the client’s rights
• Seeking  financial assistance
• Writing letters
• Making a complaint
• Signposting clients to other services

An IMHA (Independent Mental Health Advocate) provides advocacy to qualifying individuals set out in the Mental Health Act 1983 and is commissioned by Local Authorities.

An IMHA will explain:

• The client’s rights under the Mental Health Act and the rights given to others (e.g., Nearest Relative)
• Any restrictions they are under
• The treatment a client is receiving or may be given, together with the reasons and the legal authority for providing treatment

Qualifying Patients eligible for an IMHA include: 

Clients detained under the Mental Health Act (1983) including:

• • People on leave from hospital
  • Conditionally discharged restricted patients
  • People subject to guardianship
  • People ‘liable to be detained’
  • People on supervised community treatment (SCT)

And Informal Patients if:

• • They are being considered for Section 57 treatment (neurosurgery)
  • They are under the age of 18 and are being considered for Section 58a treatment (electro-convulsive therapy known as ECT)

The Mental Health Act 2025 will extend IMHA access more broadly, including to informal patients, and introduce an opt-out approach to ensure qualifying patients are proactively offered contact with an IMHA. The Act’s IMHA-related provisions are not yet in force, and the MHA 1983  qualifying-patient criteria are to be used until commencement regulations and updated statutory guidance apply

Our Independent CYP Advocates work with children and young people to ensure they are supported and heard when decisions are made about them. Listening to the views and feelings of the young person helps them feel involved and can help everyone make better decisions. 

Our Independent Advocates will work to ensure the children and young people they support are aware of their rights under the Children’s Act (1989, 2004), such as a right to privacy or a right to being listened to.

If a local authority is deciding what should happen to a child or young person, they must find out how they feel and what they want, they must tell them what is happening and why. Our advocate will ensure this happens, supporting the child or young person throughout the process.

If you are a child or young person, an Independent CYP Advocate can help you by:

• • Listening to you
  • Helping you to say what you want
  • Making sure your voice, wishes, aspirations and feelings are heard
  • Making sure you understand your rights and that your rights are being respected
  • Ensuring you receive the services you are entitled to
  • Supporting you before, during and after important meetings that concern you
  • Helping you make a complaint

Our Advocates work independently and confidentially with children and young people in a variety of settings such as residential homes and CAMHS services, as well as SEND tribunals.

The Care Act (2014) outlines a statutory requirement for Independent Advocacy for individuals who have no appropriate person to help facilitate their involvement and who would have substantial difficulty being involved without an independent advocate. Care Act Advocates help support the person to understand processes and their rights, make decisions, understand plans, challenge decisions, access records and communicate views, wishes and feelings.

Who is an appropriate person?

• • A representative able to provide support for the purpose of facilitating the individual’s involvement
  • A person who is not providing care, support or treatment in a professional capacity, nor must they be paid
  • A person that satisfies the local authority that they are able to represent the individual’s best interest, or the individual (having capacity and competency to consent) must agree to the person being involved

What is ‘substantial difficulty’?

Where the individual, without an advocate, would be unable to:

• • Understand the relevant information
  • Retain the information
  • Use or weigh the information
  • Communicate views, wishes, feelings

If a person cannot consent to their living and care arrangements and they do not have someone in their lives with whom it is appropriate for professionals to consult, they will be assessed and authorised as having a Deprivation of Liberty Safeguards/Liberty Protection Safeguards and have the right to a Paid Relevant Person’s Representative (Paid RPR).

Advent Advocacy can provide Local Authorities and Partner Care Providers with RPRs, who will:

• • Observe their living arrangements
  • Raise questions on behalf of the person
  • Liaise with IMCAs and other stakeholders
  • Support the person with a complaint or an appeal against DoLS/LPS
  • Visit their clients on a monthly basis
  • Produce a visit report after every session

The Mental Capacity Act (2005) introduced IMCA services to support people who lack capacity to make decisions for themselves. This might be due to the result of brain injury, dementia, stroke, learning difficulties or mental health needs.

An IMCA must be instructed in the following circumstances:

• • When a decision is being made about serious medical treatments or a change of accommodation
  • AND the person has no family or friends to support them and represent their views
  • AND the Decision Maker has deemed that the individual lacks the capacity to make the decision as outlined in The Mental Capacity Act (2005)

IMCAs may also be instructed for Care Reviews or decisions relating to Safeguarding of Vulnerable Adults. We supply IMCAs to clients when instructed by Local Authorities and Partner Care Providers.

All our Independent Advocates provide Advocacy Awareness training to staff and service users in our commissioned services on a regular basis. ensuring that all parties fully understand the important role undertaken by the advocate and scope of their work.

If you work for an organisation that would like to understand how Independent Mental Health Advocacy supports services users, and better understand the importance of non-adversarial, statutory and non-statutory advocacy, please get in touch.